Agenda and minutes

To elect a Chair of this meeting of the Licensing Sub-Committee.

RESOLVED that Councillor Flagg be elected Chairman of the Sub-Committee for the duration of the meeting.

Voting: Unanimous

To receive any apologies for absence from Members.

No apologies for absence were received.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

There were no declarations of interest.

The protocol for public speaking at Licensing Sub Committee hearings is included with the agenda sheet for noting.

The protocol for public speaking was noted.

An application has been received for the renewal of the Sexual Entertainment Venue Licence for the premises known as ‘Temptation’, 1 Yelverton Road Road, Bournemouth, to permit relevant entertainment to continue for a further twelve-month period.

This matter is brought before the Sub-Committee for determination.

Present:

From BCP Council:

Sarah Rogers, Senior Licensing Officer

Michelle Cutler, Clerk to the Sub-Committee

Johanne McNamara, Legal Advisor to the Sub-Committee

Rebekah Rhodes, Legal and Democratic Services, Observing

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties. The Licensing Officer presented a report, a copy of which had been circulated and a copy of which appears as Appendix A to these minutes in the Minute Book.

The Sub-Committee was asked to consider an application made by Admiral Bars (Hampshire) Limited for the renewal of the licence to use the premises as a sexual entertainment venue, providing relevant entertainment, for a further twelve-month period.

The Licensing Authority received 1 valid objection. The following persons attended the hearing and addressed the Sub-Committee to expand on the points made in their written submissions:

For the Applicant:

Robert Sutherland, Keystone Law, representing the Applicant

Naresh Kumar Mal, Manager of the premises

Alastair Weatherstone, Director of Applicant Company, Admiral Bars Ltd

Objecting: Susan Stockwell

The Sub-Committee asked various questions of all parties present and was grateful for the responses received. All parties had the opportunity to ask questions. All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised all parties of the right of appeal, as appropriate.

RESOLVED that the application to renew the Sexual Entertainment Venue Licence for the premises known as ‘Temptation’, 1 Yelverton Road, Bournemouth BH1 1DA, be GRANTED subject to the addition of the following condition:

· The word ‘Strip’ shall be removed from the external front fascia of the premises.

Reasons for Decision:

The Sub-Committee considered in detail all the information which has been submitted before the hearing and contained in the Licensing Officer’s report for Agenda Item 5. The Sub Committee considered the written and verbal submissions submitted by the objector, Mrs Susan Stockwell, including the additional information submitted by Mrs Stockwell via email the day before the hearing, together with the written and verbal submissions of Mr Robert Sutherland, the Applicants Solicitor, Mr Alistair Weatherstone, the Applicant and Mr Naresh Kumar Mal, Manager of ‘Temptation’.

The Sub Committee is grateful to all parties for their responses to questions raised at the hearing.

The Sub Committee has been advised of the discretionary grounds on which to refuse to renew the licence in paragraph 12(3) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 and that, in light of the objection received, grounds (a) and (d) are the most relevant. The Sub Committee are aware of the rule that “moral” objections to SEVs cannot be taken into account but have also had due regard to the equality objectives in the Public Sector Equality Duty (section 149 of the Equality Act 2010). The Sub Committee also confirm that this application has been considered on its own merits.

The Sub Committee agree that the mandatory conditions for refusal do not apply in this case.

Suitability of Applicant:

The Sub  ...  view the full minutes text for item 48.